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Workplace injuries can result in lasting physical injuries. In these situations, you can apply to receive workers’ compensation benefits. All employers in Erie are required to have workers’ compensation coverage and, as such, the law empowers you to receive financial compensation.
Unfortunately, you may find yourself in a situation where your employer or their insurance company may not give you the benefits you rightfully deserve. In this case, you must reach out to one of the Erie workers’ compensation lawyers at Pond Lehocky Giordano. With our decades of experience, we can help you fight for your settlement.
Do I Need a Lawyer to File for Workers’ Compensation?
Yes, you need to file a workers’ compensation claim if you get hurt on the job in Erie. Erie workers are entitled to receive benefits from their employer’s workers’ compensation coverage. Workplace injuries are commonplace in Erie, and many workers unfortunately overlook the fact that their workers’ compensation policy can provide them with assistance during this difficult time.
Filing for workers’ compensation may seem easy at first glance. Unfortunately, your employer may be hesitant to provide you with full coverage. Alternatively, their workers’ compensation insurance company may want to avoid paying you the full amount of benefits.
Insurance companies are businesses. At the end of the day, they want to protect their bottom line and give employees the bare minimum. Hiring a lawyer can make all the difference, whether you are filing a claim for the first time or appealing the decisions made by your employer or the insurance company.
How Will an Erie Workers’ Compensation Lawyer Help Me?
There are several ways your Erie workers’ compensation lawyer can help you. We can:
- Assist you in gathering all medical records and important evidence to support your workers’ compensation claim.
- Represent you and your best interests at all times, especially during the appeal and negotiation process.
- Help you accurately calculate all of the damages you sustained and ensure nothing gets left out of your settlement.
- Represent you at trial if necessary.
While you can file and fight for your claim on your own, doing so puts you at a unique disadvantage. Remember, insurance companies often have lots of resources and strong legal teams to protect them and work against you. Your lawyer will help you fight for your rights while you focus on resting and recovering from your injury.
How Do You Get Started with a Workers’ Comp Claim in Pennsylvania?
There are several steps you need to take to get started with your workers’ comp claim in Erie. Here is a general guide to help you with the process.
Report Your Injury or Illness Right Away
Report your workplace injury immediately to your boss or immediate supervisor. The faster you let them know and get everything documented, the more accurate and stronger your claim will be. In Pennsylvania, the law requires workers to file a report for an injury with their manager within 21 days, so simply telling your co-workers or casually mentioning your accident to your boss will not work.
This 21-day deadline is strict; however, it is not necessarily the end of your case if that amount of time has passed already. A workers’ compensation lawyer can help you potentially get a 120-day extension to file.
Keep in mind that reporting the incident after the initial deadline can result in a reduced amount of compensation. This is why you must report your injury as soon as possible. Do not delay.
Seek Medical Attention for Your Injury
After you report your injury, get help from a qualified doctor immediately. Time is of the essence, so it is best to go to the hospital and get treatment right away. Your employer should give you a list of covered doctors under their workers’ compensation insurance plan for non-emergency treatment.
When you get help from your doctor, remember to follow all your doctor’s orders. Do not deviate from your treatment plan, or you risk putting your workers’ compensation benefits in jeopardy. Further, remember to retain all medical documentation and all receipts for your care, as these will be important for your case and will help you establish the extent of your injury.
Once Reported, Your Employer Should File a Claim
Once you seek medical attention, make a report in writing to your employer. You can verbally notify your employer, but it is essential that you also do it in writing so there is official documentation of the injury you sustained. They should then follow the proper protocol and contact their workers’ compensation insurance about your injury.
Once your First Report of Injury is filed, there will be additional questions the workers’ comp insurance company may have about your current condition, such as how severe your injury is, how you got hurt, etc. From there, you should start receiving your benefits.
If your employer does not make a First Report of Injury for you, they may be trying to run out the clock or argue that you did something that made you responsible for your injury. Be wary of these tactics and always follow up to ensure everything in your claim is moving smoothly.
Wait for a Response
Workers’ compensation insurance companies have 21 days to notify you of their decision. They can approve, deny, or declare their intent to investigate your claim further. If they choose to investigate your claim, they will get a 90-day extension to do so.
Remember, insurance companies are not on your side. More often than not, workers’ compensation insurance companies will try to use invasive tactics or borderline harassment to try and avoid paying you the full amount for your injury. Alternatively, they may try to make incorrect claims that your injuries are not as severe as they seem.
If this happens, you should get in touch with an Erie workers’ compensation lawyer who can assist you in fighting for a fair settlement.
Workers’ Compensation in Erie, PA FAQ
Here are some of the common questions we receive from potential clients. If you have questions we don’t answer here, contact us for a free consultation.
Can I Appeal a Workers’ Comp Claim Denial in Erie, PA?
Yes, however, you should know that you only have three years from the date of your accident at work to do so. Appeals are typically heard before a workers’ compensation judge and can involve a trial. If your first appeal is denied, you can bring your case to the Pennsylvania Workers’ Compensation Appeals Board as well.
How Do I Know if My Condition Is Covered by Workers’ Comp?
Virtually all workplace injuries are covered, even long-term disability or infectious diseases that were directly caused by your job, such as conditions like black lung disease, asbestosis, and carpal tunnel syndrome.
What if I Have a Pre-Existing Condition?
Pennsylvania law states that workers’ compensation policies cannot undermine claims for workers who have pre-existing conditions.
How Much Money Could I Get from Workers’ Comp for My Injury?
Under the Workers’ Compensation Act Sections 105.1 and 105.2, Pennsylvania’s Department of Labor & Industry has set the maximum weekly compensation for injuries at no more than $1,325, representing a 4% increase from 2023’s compensation rate. Workers are also entitled to wage-loss benefits equal to two-thirds of their weekly wage, calculated inclusive of overtime, bonuses, reported tips, vacation pay, and additional benefits such as lodging.
Let an Erie Workers’ Compensation Lawyer Help You Today
While you can fight for your claim on your own, doing so puts you at a disadvantage against the insurance company’s legal team and vast resources. Do not let them force you into settling for less than what you deserve. A strong workers’ compensation lawyer can assist you with filing your claim and represent your best interests at all times.
Pond Lehocky Giordano’s Erie workers’ compensation lawyers have a proven track record of standing up for the injured and helping to get your future back on track. Contact us for a free consultation, and see why we are so confident in our representation that we do not charge clients a cent until we win.
